Patna High Court
Dilip Yadav @ Dilip Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of antecedent and specified conditions.
Summary
The petitioner, Dilip Yadav, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 1,486.56 litres of liquor near a motorcycle. He contended that he had a clean antecedent, was not arrested at the spot, and that the liquor was not in his conscious possession nor was he the owner of the vehicle involved. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his antecedent under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to confirmation of the provisional bail. The court also required the petitioner to deposit Rs.1,500 with the High Court Legal Services Committee within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for confirming provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- provisional bail
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6013 of 2026
Arising Out of PS. Case No.-408 Year-2025 Thana- RIVILGANJ District- Saran
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Dilip Yadav @ Dilip Kumar Yadav Son of Ujesh yadav Resident Of Village-
Korarhara Noubrar, ps- Bairiya, Dist- Ballia UP
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1486.56 litres of liquor kept near a motorcycle. It is
next submitted that petitioner was not arrested from the spot, as
such, nothing was recovered from his conscious possession and
is not the owner of the seized vehicle and came to be implicated
based on secret information, which is the easiest way to
implicate someone without holding a proper investigation, when
petitioner admittedly is a person with clean antecedent.
Patna High Court CR. MISC. No.6013 of 2026(2) dt.03-02-2026
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4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Judge-2nd, Saran at Chapra in connection with Rivilganj
P.S. Case No.408 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
Patna High Court CR. MISC. No.6013 of 2026(2) dt.03-02-2026
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provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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